scholarly journals ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE

2021 ◽  
Vol 37 (1) ◽  
pp. 117-122
Author(s):  
E.V. Bykadorova ◽  
◽  
N.V. Manilkin ◽  
N.V. Boldyrev ◽  
◽  
...  
Keyword(s):  
Final Part ◽  
Criminal Case ◽  
Crime Statistics ◽  
Guilty Verdict ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Moment ◽  
Court Of First Instance

The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.

scholarly journals Determination of the Procedural Status of a Person Who Was Inclined to Use Narcotic Drugs

2020 ◽  
Vol 17 (3) ◽  
pp. 394-401
Author(s):  
Aleksei Suslikov
Keyword(s):  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Status ◽  
The Moment ◽  
Narcotic Drugs

In the process of criminal proceedings, the determination of the procedural status of a person participating in a criminal case is the most important stage of the investigation. It depends on who the person will be recognized, what rights and obligations it will have, how actively it will be able to participate in the criminal case. The paper examines issues related to the determination of the procedural status of a person inclined to use drugs, draws conclusions about the need to recognize the inclined victim in the framework of the investigation of criminal cases under Art. 230 of the Criminal Code of the Russian Federation “Induction to the consumption of narcotic drugs, psychotropic substances or their analogues.” The article analyzes the arguments in defense of the provision on recognizing as victims those who are inclined to use drugs, and also provides arguments explaining what kind of damage is caused by the perpetrator to people who have used drugs and who have refused their use. The presently existing judicial practice on determining the procedural status of persons inclined to use drugs is presented. The paper explains the reasons why investigators and prosecutors do not want to involve persons inclined to use drugs to participate in criminal proceedings on the side of the prosecution. Using the example of a judicial act that has entered into legal force, it is explained how the status of a victim in a criminal case can affect the sentence passed. The situation with cannabis is considered in order to understand the harm arising from one-time use of narcotic drugs. Attention is focused on the attitude of society towards narcotic drugs made from hemp, and on the example of works in the field of medicine, the author describes the damage caused to a person when hemp-based drugs are consumed. At the same time, it explains why drugs inflict both physical and moral harm on a person. Conclusions are formulated about the need for the incited person to participate in a criminal case in the status of a victim from the moment the investigator makes a decision to initiate a criminal case.

scholarly journals Subject and limits of examination evidence in the proceedings of the criminal case in the court of first instance

2020 ◽  
Vol 6 (3) ◽  
pp. 186-195
Author(s):  
Ilya N. Yefimovykh
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings ◽  
Court Of First Instance ◽  
Special Order

The article analyzes the norms of the criminal procedure law, the opinions of scientists, judicial practice materials related to the examination of evidence in criminal proceedings in the court of first instance, on the basis of which the author proposed definitions of the notions subject of examination evidence and limits of examination evidence they were compared with the concepts of subject of proof and limits of proof. The study used such research methods as logical, system-structural, statistical. As a result of a study of specific court decisions in criminal cases, differences in the understanding of evidence and the examination of evidence were revealed. A distinction has been made between the subject and the object of the study of evidence at the court hearing. The question of determining the subject matter and the limits of the examination of evidence was analyzed, including with regard to the consideration of the criminal case in a special order of judicial decision of the court, with the consent of the accused with the accusation. The rationale for the view that the examination of evidence takes place during the examination of a criminal case under a special court procedure is given, the circumstances that can be established during the court session, namely, the circumstances that may lead to exemption from punishment, as well as the postponement are analyzed. serving the sentence. These circumstances, if any, are mandatory to be established in court proceedings through the examination of evidence. According to the results of the analysis, proposed measures to improve the norms of the criminal procedure law governing the consideration of the criminal case in a special order of the trial. The question of the scope of the examination of evidence was considered in conjunction with the norms of the criminal procedure law, which established the grounds for the return of the criminal case to the prosecutor.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

Fundamentals of the evidentiary process in the light of judicial practice in criminal cases

2020 ◽  
Author(s):  
Elena Bryanskaya ◽  
Anna Altunina
Keyword(s):  
Driving Force ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice

The monograph gives an idea of the process of proof in a criminal case. The process of proof is the driving force behind all criminal proceedings. In this regard, issues related to the concept, types and nature of evidence, their recognition as inadmissible, and their argumentative power are considered. The article presents the material that reveals the stages of the proof process. It is addressed to students, undergraduates, postgraduates, researchers and practitioners specializing in criminal evidence.

scholarly journals SEPARATION AND CONNECTION OF CRIMINAL CASES AT THE PRELIMINARY STAGE HEARING

2020 ◽  
Vol 30 (3) ◽  
pp. 445-450
Author(s):  
L.G. Tatyanina
Keyword(s):  
Criminal Case ◽  
Criminal Cases ◽  
Preliminary Stage ◽  
Disclosure Of Information ◽  
Preservation Of Evidence ◽  
Court Of First Instance

The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated conclusions on the settlement of problems arising during the consideration of these issues, and proposed a procedural procedure for their consideration at a preliminary hearing. The article defines the grounds and conditions for consideration at a preliminary hearing of questions about the connection and separation of criminal cases. It is argued that it is possible to consider applications for joining and separating a criminal case only in a closed court session in order to ensure the preservation of evidence obtained during pre-trial proceedings, and the inadmissibility of disclosure of information before the consideration of the criminal case on the merits in the court of first instance.

scholarly journals Standardization and Development: Brief Discussion on Chinese Quick Transaction Mechanism of Minor Criminal Case

2015 ◽  
Vol 8 (4) ◽  
pp. 277
Author(s):  
Jingchao Zhao
Keyword(s):  
Simple Procedure ◽  
Criminal Case ◽  
System Reform ◽  
Criminal Cases ◽  
Judicial Process ◽  
Standing Committee ◽  
Judicial Practice ◽  
Criminal Suspect ◽  
Set Up ◽  
People's Congress

<p>At present, establishment of diversified Chinese quick transaction mechanism of minor criminal case has become an important project that the judicial organ have to confront due to the reason that the simple procedure set up by Criminal Law of our country is not efficient for transacting the increasing minor criminal cases. Since 2014, Standing Committee of the National People's Congress has authorized the Supreme People's Court and the Supreme People's Procuratorate to launch reform of quick transaction mechanism of minor criminal case in 14 cities like Beijing according to the overall scheme of Central judicial system reform. Since the reform, Courts around have begun to focus on protecting the lawful rights and interests of the criminal suspect and the defendant when they are establishing quick verdict program of minor criminal cases so as to ensure the justice of the case, of which useful experience has been taken. <br />But from the perspective of judicial practice, judicial process of places is not unified because more principled rules of quick transaction mechanism of minor criminal case are launched only by the Supreme People's Court and the Supreme People's Procuratorate. Many problems occur in practice: application and scope are not inconsistent; time is too long in handle procedures before trial, which will influence efficiency; cooperation of public security unit, the inspecting authorities, and courts are not efficient; evidence system of minor criminal cases is not perfect…… These problems have restricted the function of quick transaction mechanism. Therefore, quick transaction mechanism of minor criminal case is to be standardized.</p>

scholarly journals REASONS FOR JURIES PASSING ACQUITTALS (BY THE EXAMPLE OF JUDICIAL PRACTICE OF DISTRICT COURTS OF THE UDMURT REPUBLIC)

2020 ◽  
Vol 30 (3) ◽  
pp. 418-423
Author(s):  
R.R. Pashkeeva ◽  
A.I. Shmarev
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
District Courts ◽  
Guilty Verdict ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Procedure Code ◽  
Udmurt Republic ◽  
The Russian Federation ◽  
Points Of View

In the article, the authors consider the points of view of scientists regarding additions to the criminal procedure code of the Russian Federation that grant powers to district courts to consider criminal cases with the participation of jurors. Using concrete practical examples, the author analyzes the reasons for the acquittal of jurors in the district courts of the Udmurt Republic. Having come to reasonable conclusions, the authors suggest that public prosecutors take additional organizational and methodological measures when preparing for the consideration of criminal cases by a court with the participation of jurors. Some of the proposals have been tested in practice and have allowed prosecutors to prepare more carefully for court sessions than to avoid professional and tactical mistakes that lead to acquittal verdicts. Taking these measures into account, in the new criminal cases, the jury returned a guilty verdict, which formed the basis of the guilty verdict, in particular, despite the appeal supported by a higher court.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

Errors in the Application of the Criminal Law on Certain Corruption Crimes in Practice of Appeal and Cassation Courts

2020 ◽  
Vol 6 ◽  
pp. 72-80
Author(s):  
A. V. Galahova ◽  
Y. I. Antonov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Retroactive Effect

The article is devoted to systematization of generalized appeal and cassation practice on errors in criminal cases of corruption crimes in 2017–2018. Errors are systematized in such areas as the unfairness of the sentence; the absence of a crime in the act; inconsistency of the conclusions of the court set out in the sentence, the actual circumstances of the criminal case; incorrect application of the provisions of the criminal law in time and its retroactive effect.

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